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RES-2017-028 <br /> ORANGE COUNTY BOARD OF COMMISSIONERS <br /> A RESOLUTION OPPOSING A PROPOSAL BEFORE THE <br /> UNC BOARD OF GOVERNORS TO PROHIBIT CENTERS AND <br /> INSTITUTES FROM PARTICIPATING IN LITIGATION <br /> WHEREAS, at its March 2, 2017 meeting, the Board of Governors of the University of North Carolina <br /> received a proposed policy that "seeks to protect the academic focus of Centers and Institutes by <br /> restricting Centers and Institutes from participating in litigation"; and <br /> WHEREAS, the proposed policy states that "no Center or Institute may...file a complaint, motion, <br /> lawsuit or other legal claim in its own name or on behalf of any individual or entity against any <br /> individual, entity, or government or otherwise act as legal counsel to any third party; or employ or <br /> engage, directly or indirectly, any individual to serve as legal counsel or representative to any party in <br /> any complaint, motion, lawsuit, or other legal claim against any individual, entity, or government or to <br /> act as legal counsel to any third party"; and <br /> WHEREAS, practically speaking, the proposal would affect only the state's two public law schools at <br /> the University of North Carolina at Chapel Hill and North Carolina Central University; and <br /> WHEREAS, the ability of these centers and institutes to engage in litigation specifically against state, <br /> city, and county governments serves as a proper check and balance in our country's system of <br /> governance, where power is allocated among the three branches of government under the Constitution; <br /> and <br /> WHEREAS, the UNC Center for Civil Rights —which would effectively be eliminated by the proposal <br /> — serves the memory of the late Julius Chambers, who received his undergraduate degree at NCCU, <br /> received his law degree at UNC-Chapel Hill, practiced law as a prominent civil rights attorney and <br /> argued several cases successfully before the United States Supreme Court, and then later served as <br /> chancellor at NCCU before founding the Center; and <br /> WHEREAS, the UNC Center for Civil Rights has a goal to "represent, educate, and advocate for <br /> minority and low-income people,principally in the American South"; and <br /> WHEREAS, the American Bar Association requires that law schools engage their students in a <br /> minimum of six hours of experiential learning in order to retain accreditation; and <br /> WHEREAS, centers and institutes exist at numerous law schools across the country to provide exactly <br /> this type of experiential learning through litigation for law students during this phase of their practical <br /> academic training; and <br /> WHEREAS, residents of Orange County have benefited from representation and advocacy by students, <br /> staff, and faculty of the UNC Center for Civil Rights; and <br /> WHEREAS, the Board of Governors is currently receiving comments on the proposal; <br /> NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners urges the <br /> Board of Governors to reject the proposal to prohibit centers and institutes at its public law schools from <br /> engaging in litigation. <br /> This the 9th day of May, 2017. <br /> f 4 <br /> t r <br /> Pent'Rich, Vi.= Chair <br /> Orange Count •and of Commissioners <br />